Ashtons are in full compliance with the Tenant Fee Act 2019. Below we outline the Permitted Payments allowed under the Act, and under what circumstances those payments may be charged. It should be noted that the Tenant Fee Act 2019 only applies to Assured Shorthold Tenancies and as such fees for other tenancy types may still apply.
(per tenancy)
One week's rent.
This is to reserve a property. Please Note: This will be withheld if any relevant person (including any guarantor(s)) withdraw from the tenancy, fail a Right-to-Rent check, provide materially significant false or misleading information, or fail to sign their tenancy agreement (and / or Deed of Guarantee) within 15 calendar days (or other Deadline for Agreement as mutually agreed in writing).
(per tenancy)
Rent under £50,000 per year: Five weeks' rent
Rent of £50,000 or over per year: Six weeks' rent
This covers damages or defaults on the part of the tenant during the tenancy.
Rent will be agreed in advance of the tenancy. The rent will be reviewed at the conclusion of each fixed term or at annual intervals in accordance with the relevant clauses and provisions in the tenancy agreement.
Interest at 3% above the Bank of England Base Rate from Rent Due Date until paid in order to pursue non-payment of rent.
Tenants are responsible for paying bills in accordance with the tenancy agreement which will usually include council tax, utility payments (gas, electricity, water) and communication services (broadband, TV etc).
Tenants are liable to the actual cost of replacing any lost key(s) or other security device(s). If the loss results in locks needing to be changed, the actual costs of a locksmith, new lock and replacement keys for the tenant, landlord any other persons requiring keys will be charged to the tenant. If extra costs are incurred there will be a charge of £15 per hour (inc. VAT) for the time taken replacing lost key(s) or other security device(s).
(Tenant’s request)
£50 (inc. VAT) per agreed variation. To cover the costs associated with taking landlord's instructions as well as the preparation and execution of new legal documents or Addendums.
(Tenant’s request)
£50 (inc. VAT) per replacement tenant or any reasonable costs incurred if higher.
To cover the costs associated with taking landlord's instructions, new tenant referencing and Right-to-Rent checks, deposit registration as well as the preparation and execution of new legal documents.
(Tenant’s request)
Should the tenant wish to leave their contract early, they shall be liable to the landlord's costs in re-letting the property as well as all rent due under the tenancy until the start date of the replacement tenancy. These costs will be no more than the maximum amount of rent outstanding on the tenancy.
This document sets out the key terms and conditions that apply to your tenancy application and your tenancy with Ashtons, subject to contract and acceptable references. It explains your rights and obligations as a tenant and those of the landlord and the agent.
Please read this document carefully before signing. By signing, you confirm that you understand and agree to be bound by these terms. If there is anything you do not understand, you should seek ask Ashtons for an explanation or independent legal advice before proceeding.
The application process should be completed within 15 days once the holding deposit is received, unless agreed otherwise with your Landlord or agent.
Once an application has been made and a Landlord has provisionally agreed the terms of a Tenancy a holding deposit equal to 1/52 year rent, is required to reserve the property. Once the Tenancy Agreement is completed this will be credited to the first months’ rent. Upon receipt we will look to commence references and the application process should be completed within 15 days (or a longer agreed period). Only once the holding deposit is received will marketing of the property be stopped and no other holding deposits will be taken for the same property.
If the landlord withdraws for reasons unconnected with the below, the holding deposit will be refunded in full within 7 days.
The holding deposit will not be refunded if you and/or the Guarantor:
Withdraws from the tenancy, or the application process
Delay or change the date of occupation/start date of the Tenancy Agreement without consent from the Landlord or agent.
Do not meet affordability levels or acceptable referencing status.
Fail to provide required information within the deadline or respond from requests of Ashtons in a reasonable timeframe.
Provide false or misleading information.
Reneges on any agreed term of the proposed term or conditions of the proposed Tenancy, or
Fail a Right to Rent check in accordance with Immigration Act 2014.
If the holding deposit is retained the reason will be confirmed in writing within 7 days. The holding deposit does not fall under the deposit protection schemes of the Housing Act 2004; or protected as a tenancy security deposit.
All offers are subject to contract and satisfactory references, and timelines. Your offer once accepted is not a guaranteed tenancy until you pass the reference checks, AML and right to rent, the tenancy agreement is signed and exchanged, and all required payments have cleared. Before this happens, either party can withdraw at any time (within 15 days). However, if you’ve paid a holding deposit, you will lose some or all of it as compensation to Ashtons or the landlord.
All tenants and occupiers aged 18 or older must provide valid identification (passport, visa electronic verification systems) before signing the tenancy. If any occupier fails the Right to Rent check as outlined in the Immigration Act 2014 and amendments, the holding deposit will be forfeited, if any renewal or extension of Right to Rent checks are refused or fail, to allow continued right to remain in England, the Landlord may take legal action to evict the person from the property and a report will be made to the Home Office.
An income of at least 2.5 times the annual rent will be required to meet the minimum affordability per tenancy. Each applicant aged 18 or older will be referenced. Failure to complete references within the agreed time will result in loss of the holding deposit. You must disclose any adverse credit history, county court judgements, IVA’s or bankruptcy against you or previous rental issues with other Landlord or agents in your tenancy application and referencing.
You will be required to sign a written Tenancy Agreement before moving in or receiving keys. Read it carefully to understand your rights and responsibilities, and seek independent legal advice if needed. Both landlord and tenant must comply with all obligations in the agreement.
All tenants (and any guarantor) are jointly and severally liable, meaning each person can be held responsible for the full rent and any other obligations under the tenancy.
You cannot end the tenancy early without the landlord’s consent or statutory notice to your Landlord or Ashtons. If consent is given Ashtons will charge you £50 inc VAT (£41.67 plus VAT) administration fee for a deed of surrender and/or reassignment. You may also be responsible for readvertising costs, referencing and the costs for new legal and compliance checks for the replacement tenancy known as a compliance pack, in line with the Tenant Fees Act 2019. Any replacement Tenancy will still be subject to contracts, references and Landlord approval.
If you leave early without agreement, you remain liable for rent and other obligations until a new tenant is found or the tenancy agreement and any renewal terms ends. Once the tenancy becomes periodic, one month’s written notice is required. Break clauses (if applicable) must be exercised by all tenants jointly giving a minimum of two months’ notice or as stated in the tenancy contract.
You may be asked to provide a guarantor or recommended a corporate guarantor scheme to meet affordability. A guarantor must pass referencing and sign a guarantor contract and tenancy. A guarantor must be a UK homeowner and have an income of 3 times the annual rent. The guarantor is jointly and severally liable for the tenant’s obligations during the whole tenancy and any renewals or periodic term and may have to pay, the full costs for any breach of the Tenancy Agreement including all rent arrears.
The deposit (normally 5 weeks’ rent or 6 weeks’ rent if rent is over £50,000 per year) must be paid upon issuing the tenancy contract before the start date by bank transfer. The tenancy deposit if held by Ashtons will be held in an insured deposit scheme. No interest is payable to you, which will either be held by Ashtons as Stakeholder or by your Landlord. Ashtons are members of the Tenancy Dispute Scheme (TDS) and Deposit Protection Scheme (DPS). The deposit cannot be used to pay rent arrears during the tenancy.
At the tenancy end, agreed deductions (for damage, unpaid rent, etc.) may be made with the Landlord or Agents written consent. This is explained in the Tenancy Agreement. Further information can be obtained regarding your deposit from the government website – https://www.gov.uk/tenancy-deposit-protection
Rent must be paid by standing order on the due date stated in the tenancy. Late rent (14+ days overdue) may incur interest at 3% above the Bank of England base rate.
You are responsible for gas, electricity, water, council tax, and other utilities during the tenancy, unless stated otherwise in the Tenancy Agreement. Notify all suppliers and the council when you move in and out. At end of tenancy we may pass on your forwarding address to the providers to issue any final bills.
An inventory and condition report will be prepared at the start of the tenancy to show what condition the property is in and a copy will be provided to you. Property Visits to check the condition of the property will be completed every 3-6 months for Landlords on our Standard Managed or Premiere Managed Services, Landlord’s that self manage the property may make arrangements with you directly to complete these. Landlords/agents may carry out periodic inspections with at least 24 hours’ written notice. Unless in an emergency, keys will only be used for access if notice has been provided and your consent given.
Report any repairs promptly to the Landlord or managing agent. If the Landlord is self-managing the property when reports should be made directly to your Landlord. Ashtons will confirm if the Landlord is managing the property themselves. If Ashtons are managing the property maintenance can be reported via our website – https://ashtons.fixflo.com/issuereport/CreateIssue or calling 01707 903 444.
Do not instruct contractors yourself unless in an emergency, you may be responsible for paying the contractors’ invoice. Failure to report issues may result in deductions from your deposit. If a maintenance contract or guarantee is in place for any appliances or installations copies will be left with you. You must use that contractor for the repair or you may be liable for the cost if you instruct a contractor without Landlord consent.
One full set of keys/fobs will be issued per tenant. Missing items must be replaced at your cost and we will charge for our time for replacement (£15/hour admin charge plus materials).
All keys must be returned at the end of the tenancy including any duplicates or replacements.
Renewal or periodic tenancy terms will be discussed before the end of the tenancy. Landlords must give at least 2 months’ notice to end an Assured Shorthold Tenancy. Tenants must give at least one month’s written notice for periodic tenancies ending on the last day of a tenancy period.
The landlord insures the building and their contents. You should arrange contents insurance for your personal belongings and consider accidental damage cover. Ask Ashtons or the referencing company for assistance and quotations.
If your financial or personal circumstances change during the tenancy, you must inform Ashtons and the landlord in writing immediately.
Remove all belongings and clean the property (including garden if applicable) to the same condition as at the start of the Tenancy subject to fair wear and tear. Failure to leave the property in a clean and tidy condition may result in deductions from the deposit.
If the Landlord is overseas for 6 months or more in a tax year and you pay rent directly to the Landlord you may be liable to pay the tax directly to His Majesty’s Revenue and Customs (HMRC) on a quarterly basis. Further information can be found on the website –
https://www.gov.uk/guidance/apply-as-an-individual-to-receive-uk-rental-income-without-uk-tax-deducted
If you have a complaint, raise it with Ashtons promptly. If unresolved, submit it in writing to the department Manager. Ashtons complaints policy is available on our website –
https://www.ashtons.co.uk/complaints-procedure
We will hold your data in accordance with UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
https://www.ashtons.co.uk/email-disclaimer
and Ashtons Privacy Policy –
https://www.ashtons.co.uk/privacy-notice
